This Act may be cited as the Museums Act 1983.
The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
S. 1(3) repealed by No. 7/1992 s. 11(a).
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In this Act unless inconsistent with the context or subject-matter—
S. 2 def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 11.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S. 2 def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 11.1).
film permit has the same meaning as in the Filming Approval Act 2014;
this Act includes the regulations;
Treasurer except where appearing in section 11, means the Treasurer of Victoria;
S. 2 def. of Victorian Museums Guidelines repealed by No. 61/1996 s. 35.
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New s. 3 inserted by No. 51/2014 s. 9(Sch. 2 item 11.2).
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
Pt 2 (Heading and ss 3–8) amended by Nos 7/1992 s. 11(b), 29/1994 ss 48(1)–(4), 49, 42/1995 s. 224 (Sch. 2 item 27.1(a)–(c)), repealed by No. 61/1996 s. 36.
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Pt 3 (Heading) amended by No. 28/2007 s. 3(Sch. item 43).
In this Part unless inconsistent with the context or subject-matter—
S. 9 def. of Board inserted by No. 61/1996 s. 37(1)(a).
Board means the Museums Board of Victoria established by section 10;
S. 9 def. of Chief Executive Officer inserted by No. 61/1996 s. 37(2).
Chief Executive Officer means the Chief Executive Officer of the Museums Board of Victoria appointed under section 17;
S. 9 def. of Council repealed by No. 61/1996 s. 37(1)(a).
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S. 9 def. of Director repealed by No. 61/1996 s. 37(2).
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S. 9 def. of Exhibition land inserted by No. 100/1995 s. 40.
Exhibition land means the land shown hatched on the plan in the Schedule together with all the buildings, structures, fences, gardens and improvements on the land;
S. 9 def. of museum land repealed by No. 7/1992 s. 3(a).
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S. 9 def. of Museum of Victoria amended by No. 61/1996 s. 37(1)(b).
Museum of Victoria means the premises from time to time used by the Board for its activities under this Act.
Pt 3 Div. 2 (Heading) amended by No. 61/1996 s. 38.
S. 10(1) amended by No. 61/1996 s. 39(a).
There is hereby established a board to be known as the Museums Board of Victoria.
S. 10(2) amended by No. 61/1996 s. 39(b).
The Board shall be a body corporate and shall have perpetual succession and a common seal and shall be capable in law of suing and being sued, of acquiring, holding and disposing of real and personal property and of doing and suffering all acts, matters and things which bodies corporate may by law do and suffer.
S. 10(3) amended by No. 61/1996 s. 39(b).
The Board shall provide for the safe custody of its common seal.
S. 10(4) amended by No. 61/1996 s. 39(b).
An instrument to which the common seal of the Board is affixed shall not be taken to have been executed by the Board unless it is also signed by a person authorized by the Board.
S. 10(5) amended by No. 61/1996 s. 39(b).
All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to any document and until the contrary is proved shall presume that it was duly affixed.
S. 11(1) amended by No. 61/1996 s. 40(1)(a).
The Board shall consist of not more than eleven members and not fewer than seven members appointed by the Governor in Council of whom not fewer than half shall be chosen from persons—
S. 11(1)(a) amended by No. 61/1996 s. 40(1)(b).
holding senior academic office at a university in Victoria in a discipline appropriate to the functions of the Board;
S. 11(1)(b) amended by No. 61/1996 s. 40(1)(c).
who, in the opinion of the Minister, are experienced in business administration and finance; or
S. 11(1)(c) amended by No. 61/1996 s. 40(1)(d)(i)(ii).
who, in the opinion of the Minister, are distinguished in education, science, the history of human society or another field appropriate to the functions of the Board.
S. 11(2) substituted by No. 61/1996 s. 40(2).
The Governor in Council, after consultation between the Minister and the Board, must appoint a member of the Board to be President.
A person appointed under subsection (2)—
S. 11(3)(a) amended by No. 61/1996 s. 40(3)(a).
shall be appointed for a term of not more than three years;
shall be eligible for re-appointment;
S. 11(3)(c) amended by No. 61/1996 s. 40(3)(b).
shall cease to hold his position if he ceases to be a member of the Board.
S. 11(4) amended by No. 61/1996 s. 40(4).
Each member of the Board shall be appointed for the term, not exceeding three years, that is fixed by the Governor in Council in the instrument of his appointment but subject to subsections (5) and (6) shall be eligible for re-appointment.
S. 11(5) repealed by No. 42/1995 s. 224(Sch. 2 item 27.2(a)).
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S. 11(6) substituted by No. 7/1992 s. 7, amended by No. 61/1996 s. 40(5).
A person who has been a member of the Board for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—
the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or
S. 11(6)(b) amended by No. 61/1996 s. 40(5).
a period of 3 years or more has elapsed since the person last was a member of the Board.
S. 11(7) amended by No. 61/1996 s. 40(6).
The Governor in Council may in the instrument of appointment of a member of the Board specify the terms and conditions of appointment.
S. 11(8) amended by No. 61/1996 s. 40(7).
The Governor in Council may at any time remove a member of the Board from office.
S. 11(9) amended by No. 61/1996 s. 40(8).
The office of a member of the Board shall become vacant—
at the expiration of his term of office;
if he dies;
if he resigns his office by writing addressed to the Minister;
if he is removed from office pursuant to subsection (8);
if he becomes bankrupt or applies to take the benefit of bankruptcy or insolvent debtors or by deed or writing compounds with his creditors;
if he becomes incapable of performing his duties;
S. 11(9)(g) amended by Nos 42/1995 s. 224(Sch. 2 item 27.2(b)), 61/1996 s. 40(8).
if he is wilfully absent from three consecutive meetings of the Board without leave granted by the President (which leave the President is hereby empowered to grant);
S. 11(9)(h) repealed by No. 42/1995 s. 224(Sch. 2 item 27.2(c)).
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Where any leave granted to a member by the President exceeds three consecutive meetings the President shall notify the Minister of the granting of leave.
S. 11(11) substituted by No. 61/1996 s. 40(9), amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 139.1), 80/2006 s. 26(Sch. item 74).
The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of the office of member.
S. 11(12) substituted by No. 61/1996 s. 40(10).
A member of the Board is entitled to be paid any remuneration or travelling or other allowances fixed for that member from time to time by the Governor in Council.
S. 11(13) inserted by No. 29/1994 s. 50, repealed by No. 61/1996 s. 40(11).
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S. 11A inserted by No. 29/1994 s. 51, amended by No. 61/1996 s. 41.
A member of the Board shall not be taken by reason of being a member to hold an office or place of profit under the Crown which would—
prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
make void the member's election to the Legislative Council or Legislative Assembly; or
prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or
subject the member to liability to a penalty under the Constitution Act 1975.
S. 12(1) amended by No. 61/1996 s. 42(1)(3).
The Board shall meet at such times and places as are fixed by the President and shall hold at least 6 meetings in each year.
S. 12(2) substituted by No. 61/1996 s. 42(2).
The President or, in his or her absence, a member elected by the members present, must preside at a meeting of the Board.
S. 12(3) amended by No. 61/1996 s. 42(3).
A majority of the members of the Board for the time being shall constitute a quorum.
S. 12(4) amended by No. 61/1996 s. 42(3).
Subject to the presence of a quorum, the Board may act notwithstanding a vacancy in its membership.
S. 12(5) amended by No. 61/1996 s. 42(3).
A question arising at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting and in the event of an equality of votes the person presiding shall have an additional or casting vote.
S. 12(6) amended by No. 61/1996 s. 42(3).
An act or decision of the Board shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member.
S. 12(7) amended by No. 61/1996 s. 42(3).
Subject to this Act, the Board may regulate its own proceedings.
S. 12A inserted by No. 61/1996 s. 43.
If—
the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and
a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—
a resolution in those terms is deemed to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.
For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.
If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution.
(4) The majority of members referred to in subsection (1)(b) must not include a member who, because of section 13, is not entitled to vote on the resolution.
S. 13 substituted by No. 61/1996 s. 44.
If—
a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board; and
the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—
the member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest to the Board or, in the case of a proposed resolution notice of which is given under section 12A(1)(a), to the President.
The Board or the President must cause the declaration to be tabled at the next meeting of the Board and the person presiding at that meeting must cause the declaration to be recorded in the minutes of the meeting.
A member who has a conflict of interest in a matter—
must not be present during any deliberations on the matter, unless the Board directs otherwise; and
is not entitled to vote on the matter.
If a member votes on a matter in contravention of subsection (3)(b), the vote must be disallowed.
A member who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction, under subsection (3)(a).
For the purposes of this section, a member is not to be regarded as having a conflict of interest—
in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.
S. 14(1) amended by No. 61/1996 s. 45.
Where a member or former member of the Board is personally liable to make payment by way of compensation or reimbursement to the Board or any other person by reason of an act done or concurred in or omitted to be done by him while a member of the Board, the Treasurer shall, if—
S. 14(1)(a) amended by No. 61/1996 s. 45.
the act or omission formed part of a course of conduct which the member or former member honestly and reasonably believed the Board was by law required or authorized to pursue; and
S. 14(1)(b) amended by No. 61/1996 s. 45.
in the case of an act done or omitted to be done by the member or former member, the act or omission formed part of a course of conduct which the member or former member honestly and reasonably believed the Board had required or authorized him to pursue on its behalf—
indemnify him out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) to the full extent of his liability.
For the purposes of subsection (1), a belief may be held to have been honest and reasonable notwithstanding that it was wrong as to a matter of law.
S. 14(3) amended by No. 61/1996 s. 45.
The indemnity conferred upon a member or former member of the Board by subsection (1) is in addition to any indemnity to which he is otherwise entitled by law.
S. 15 amended by Nos 80/1988 s. 55(5)(a), 7/1992 s. 3(b), substituted by No. 61/1996 s. 46.
The Board may—
establish any committees it considers necessary and define the constitution and functions of each committee so established;
determine the procedure of each committee;
change the constitution or functions of a committee;
dissolve a committee.
A person may be a member of a committee established by the Board even though he or she is not a member of the Board.
A member of a committee established by the Board is entitled to receive any fees or travelling or other expenses determined by the Board.
S. 16 substituted by No. 61/1996 s. 47.
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